The case had a chequered history. It was either mentioned or part heard before four different judges in the Oyo Judicial Division. It finally came before a fifth judge-Apara, J. - on 27th June, 1977. Even though the case was fixed for hearing on that day, counsel for the defendant was not in court and the hearing started without him. The defendant was present throughout and the defence Counsel appeared on the third day and cross-examined the Plaintiff and his first witness.

Following several adjournments the defense was to open its case but rather Counsel applied to recall a witness. On the adjourned date the Counsel was absent, but brought a motion for the defendant to give evidence and call witnesses, while the Plaintiff’s Counsel proceeded to address the Court. When the motion was heard, the defence Counsel was again absent and his brief was held by another Counsel. The application was dismissed.

Judgment was given for the Plaintiff, the defendant appealed to the Court of Appeal, and the plaintiff entered a preliminary objection. The first two grounds of appeal were dismissed, but the court of Appeal held that the trial Judge was unfair to the defendant for refusing to grant his application to give evidence and call witnesses.

The Appellant thereupon appealed against this decision to the Supreme Court, contending that after finding that it was the defendant who declined to give evidence and call witnesses, the Court of appeal was wrong to hold that there was denial of natural justice at the trial.